A bill that would outlaw abortions solely based on a Down syndrome diagnosis cleared the Utah House of Representatives on Friday.

Unlike a version of the bill that died after the clock ran out during last year’s legislative session, HB166 includes a provision that its sponsor, Rep. Karianne Lisonbee, R-Clearfield, said addresses concerns that the bill would be unconstitutional and result in millions of taxpayer dollars spent to defend it in court.

“This bill is not unconstitutional,” Lisonbee said on the House floor, noting it includes a “trigger” provision that specifies the abortion ban provision would not take effect until a court ruled on its constitutionality.

A legal challenge is now before the U.S. Supreme Court over a similar ban in Indiana.

While presenting the bill to her colleagues in the House, Lisonbee repeated her arguments in an earlier House committee, comparing abortions of babies with Down syndrome to “eugenics.”

“America has long repudiated the horrors of eugenics and the eugenics movement, but social engineering is alive and well in Utah’s abortion clinics and doctor’s offices today as we see the eradication of babies with Down syndrome,” Lisonbee said.